Am I eligible for to use the 60 days to look for a new job if I quit voluntarily? I read somewhere that h1b visa holders only get the 60 days for job search if their employment is terminated by employer (will be out of status if they quit voluntarily).
Why do you want to make the bomb tick by quitting?
My current job is quite hectic and I'm not doing anything worthwhile so it's just distracting me from interviewing any where else. Was planning to spend 40 days on full time job search here and then continue looking for jobs at home if it doesn't work out here.
@sry being on h1b and resigning with out an offer in hand is very risky.
Bad idea to do this. You're risking more than what you can chew. Take an unpaid 10 days PTO and take another 5-10 days of paid vacation. Do this if you really manage manage work and interviews.
Do it with some tactics as other said.
I was on h1b and quit voluntarily. ( it was more of like constructive dismissal) Turned out to be the worst decision of my life which in turn gave me much Anxiety/depression to the point of me still struggling till now. You do get 60 day grace period but your new petition has to be received within the 60 day period.
Were you able to find something new within the 60 days?
So you do get 60 days even after quitting?
this is only true if you have an approved I-140. Without it there is no grace period. In both cases with or without I-140 the visa holder is out of status immediately upon termination of job. the 60day grace period was part of the rule generally known as AC-21 and it got into effect from Jan 2017 https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled
Whatttt? So if one gets laid off before getting i140, they're basically screwed?
I do have an approved I-140 but I know someone who used the 60 days for job search before getting approved I-140.
If someone gets laid off some companies are good and they keep you on payroll for one extra month so in total u end up having 3 months or so. Probably if you are in good terms u can negotiate.
@sry if it isn't worthwhile push back some work. Cut work hours to 9-5. Or take sicks days(not an idealistic advice. But when on visa you got to ). Having a 60day count down is terrible than managing work and interviewing.
Does 60 days rule apply even after you get i-140 approved?
Yes
I am on a h1b and think will be terminated soon. If I resign, 60 day grace period would apply to me also. Is it worth it ? My health is being affected by current situation at work.
Will 60 day rule apply ? Yes (no matter either you resign or terminated) Is it worth it ? Generally not if you have no jobs lined up If you are a worrying kind and have not planned to go back to your home country , then don't do it . It will stress you out!
Thanks for the input. I am not to worried about finding another job just wasn't sure about the 60 day rule. I have interviews lined up and should land a job soon. The current job env is toxic to say the least.
Yes. U have 60 days Grace period. But filing another H1 could take time . 60days works in the best case scenario.
Thanks. I know people who used the grace period for job search when they were laid off/terminated. I just wanted to be sure this applies even when quitting. I read we just need to file for the transfer before the end of 60 days. I don't think it necessarily needs to be approved by then
Yes true. But some companies now a days would want you to wait until the approval is in and then join. I am not sure of the grey area when 60days are over and approval is yet to come